Main SU (Pty) Ltd v Wessels and Another (93905/2019) [2020] ZAGPPHC 474 (28 August 2020)

Main SU (Pty) Ltd v Wessels and Another (93905/2019) [2020] ZAGPPHC 474 (28 August 2020)

The court found that the applicant had locus standi, as the board resolution authorizing the deponent was adopted before the founding affidavit was attested and served, and the necessary allegation of authority was made in the founding affidavit. The matter was urgent due to ongoing, unquantifiable damages and the ineffectiveness of the respondents' undertakings. The requirements for a final interdict were satisfied: the applicant had a clear right under the restraint of trade clause, suffered injury through the first respondent's engagement with BP More Power, and had no adequate alternative remedy due to the first respondent's financial distress and the hollow undertakings. The...

Citation
[2020] ZAGPPHC 474
Parties
Applicant: Main SU (Pty) Ltd; Respondent: Elrika Wessels; Respondent: Generator and Plant Hire SA (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 August 2020
Case Number
93905/2019
Procedural Posture
Urgent Application / Application for Final Interdict and Restraint of Trade Enforcement
Outcome
Application granted. The restraint of trade clause is enforced with a 200km radius limitation. Final interdict granted against the first respondent. Costs awarded to the applicant, excluding wasted costs for 25 and 26 February 2020.
Judges
Madiba SS
Legal Topics
Restraint of Trade, Final Interdict, Locus Standi, Confidential Information, Urgency, Costs Order
Commercial and Corporate Civil Procedure Restraint of Trade Final Interdict Locus Standi Confidential Information Urgency Costs Order

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Parties

Main SU (Pty) Ltd

Applicant

Elrika Wessels

Respondent

Generator and Plant Hire SA (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Final Interdict and Restraint of Trade Enforcement

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the application.
  2. 2 Whether the matter is urgent and should be heard as such.
  3. 3 Whether the requirements for a final interdict have been met.

Ratio Decidendi

The court found that the applicant had locus standi, as the board resolution authorizing the deponent was adopted before the founding affidavit was attested and served, and the necessary allegation of authority was made in the founding affidavit. The matter was urgent due to ongoing, unquantifiable damages and the ineffectiveness of the respondents' undertakings. The requirements for a final interdict were satisfied: the applicant had a clear right under the restraint of trade clause, suffered injury through the first respondent's engagement with BP More Power, and had no adequate alternative remedy due to the first respondent's financial distress and the hollow undertakings. The...

Court Disposition

Application granted. The restraint of trade clause is enforced with a 200km radius limitation. Final interdict granted against the first respondent. Costs awarded to the applicant, excluding wasted costs for 25 and 26 February 2020.

Orders

  • The application is urgent.
  • The point in limine on lack of locus standi is dismissed.